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Bombay High CourtBA/1015/2024application allowed

Nilesh Kalu Dhotre And Another v. The State Of Maharashtra

2024-07-18Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:14635 945-ba-1015-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1015 OF 2024 Nilesh Kalu Dhotre And Another

VERSUS

The State Of Maharashtra ...

Advocate for Applicants : Mr. Wakale Vijay Shivaji APP for Respondent/State : Mr. D.J. Patil ...

CORAM : S.G. MEHARE, J.

DATED : JULY 18, 2024 PER COURT:- 1.

Heard learned counsel for the applicants and learned APP for the State.

2.

The applicants seek bail in Crime No.112 of 2018 registered with Loni Police Station, District Ahmednagar for the offence punishable under Sections 395, 341 of the Indian Penal Code. 3.

The applicants were granted temporary bail due to the Covid-19 pandemic. However, they did not surrender. Lastly, they surrendered in the year 2024. Then, they applied for bail but it was rejected. No incriminating material has been recovered from the applicants. It is the submission of the applicants' counsel that they have been falsely implicated in the crime. Since there was no recovery and the case is pending since 2018, it would be unjustifiable to keep the applicants behind bar. Similarly situated co-accused have

945-ba-1015-2024.odt (2) been granted bail. Hence, they deserve parity. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicants, Nilesh Kalu Dhotre and Satish Bhagwan Dhotre, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount each in the above crime, on the conditions that;

(a) The applicants shall not tamper with the prosecution witnesses and shall attend the trial on each and every date.

(b) The applicants shall furnish their address proof with cell phone numbers to the Court with an undertaking that they would not change it till the conclusion of the trial. (S.G. MEHARE, J.) Mujaheed//